1-1 By: Hamric, McCall, et al. (Senate Sponsor - Shapiro) H.B. No. 63 1-2 (In the Senate - Received from the House March 22, 1993; 1-3 March 23, 1993, read first time and referred to Committee on Health 1-4 and Human Services; April 14, 1993, reported adversely, with 1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays 1-6 0; April 14, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Zaffirini x 1-10 Ellis x 1-11 Madla x 1-12 Moncrief x 1-13 Nelson x 1-14 Patterson x 1-15 Shelley x 1-16 Truan x 1-17 Wentworth x 1-18 COMMITTEE SUBSTITUTE FOR H.B. No. 63 By: Nelson 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to the regulation of mammography devices and the practice 1-22 of mammography. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Chapter 401, Health and Safety Code, is amended 1-25 by adding Subchapter L to read as follows: 1-26 SUBCHAPTER L. CERTIFICATION OF MAMMOGRAPHY SYSTEMS 1-27 Sec. 401.421. DEFINITIONS. In this subchapter: 1-28 (1) "Certification" means an authorization for the use 1-29 of a mammography system. 1-30 (2) "Mammography" means the use of radiation to 1-31 produce an image of the breast on film, paper, or digital display 1-32 that may be used to detect the presence of pathological conditions 1-33 of the breast. 1-34 (3) "Mammography system" includes the following: 1-35 (A) an x-ray unit used as a source of radiation 1-36 in producing images of breast tissue; 1-37 (B) an imaging system used for the formation of 1-38 a latent image of breast tissue; 1-39 (C) an imaging processing device for changing a 1-40 latent image of breast tissue to a visual image that can be used 1-41 for diagnostic purposes; 1-42 (D) a viewing device used for the visual 1-43 evaluation of an image of breast tissue if the image is produced in 1-44 interpreting visual data captured on an image receptor; 1-45 (E) a medical radiological technologist who 1-46 performs a mammography; and 1-47 (F) a physician who engages in, and who meets 1-48 the requirements adopted by board rule relating to, the reading, 1-49 evaluation, and interpretation of mammograms. 1-50 Sec. 401.422. CERTIFICATION REQUIRED. (a) A person may not 1-51 perform mammography unless the mammography system used has been 1-52 issued a certification under this subchapter. 1-53 (b) A certification under Subsection (a) is required in 1-54 addition to any license, registration, or other requirement under 1-55 this chapter. 1-56 Sec. 401.423. POWERS AND DUTIES OF BOARD. (a) The board 1-57 shall: 1-58 (1) prescribe application forms for original and 1-59 renewal certifications; 1-60 (2) adopt rules for the administration of this 1-61 subchapter; and 1-62 (3) take other action necessary to enforce this 1-63 subchapter. 1-64 (b) The board shall apply under the Mammography Quality 1-65 Standards Act of 1992 (42 U.S.C. Section 354) to carry out the 1-66 certification program requirements and to implement the standards 1-67 established by the United States Secretary of Health under that Act 1-68 in this state. If the United States Secretary of Health grants the 2-1 board's application, the board shall assume those responsibilities. 2-2 Sec. 401.424. MAMMOGRAPHY CERTIFICATION STANDARDS. (a) To 2-3 receive a mammography certification under this subchapter, the 2-4 mammography system must, at a minimum: 2-5 (1) meet criteria at least as stringent as the 2-6 American College of Radiology mammography accreditation program; 2-7 (2) be specifically designed and used for the 2-8 performance of mammography; 2-9 (3) be operated by an individual certified as a 2-10 medical radiologic technologist under Chapter 1096, Acts of the 2-11 70th Legislature, Regular Session, 1987 (Article 4512m, Vernon's 2-12 Texas Civil Statutes), who has successfully completed special 2-13 training in mammography; and 2-14 (4) be used in a facility that: 2-15 (A) meets, at minimum, the requirements for 2-16 certification of the Mammography Quality Standards Act of 1992 (42 2-17 U.S.C. Section 354); 2-18 (B) has a licensed medical physicist specialized 2-19 in radiology under Chapter 235, Acts of the 72nd Legislature, 2-20 Regular Session, 1991 (Article 4512n, Vernon's Texas Civil 2-21 Statutes), who at least annually provides on-site consultation to 2-22 the facility including a complete evaluation of the entire 2-23 mammography system to ensure compliance with this subchapter; 2-24 (C) maintains records of the consultations 2-25 required under Paragraph (B) for not less than seven years after 2-26 the date the consultation was performed; 2-27 (D) establishes a quality control program that 2-28 meets requirements that are at least as stringent as those of the 2-29 American College of Radiology mammography accreditation program; 2-30 and 2-31 (E) maintains and makes available to a patient 2-32 of the facility original mammograms performed at the facility until 2-33 the earlier of: 2-34 (i) the fifth anniversary of the 2-35 mammography; 2-36 (ii) if an additional mammogram of the 2-37 same patient is not performed by the facility, the 10th anniversary 2-38 of the mammography; or 2-39 (iii) at the request of the patient, the 2-40 patient's medical records are forwarded to another medical 2-41 institution. 2-42 (b) To protect the public health, the board by rule may 2-43 adopt more stringent or additional requirements for: 2-44 (1) the certification of mammography systems; and 2-45 (2) the retention of original mammograms. 2-46 (c) To protect the public health, the board by rule shall 2-47 adopt qualifications for a physician who reads, evaluates, and 2-48 interprets a mammogram that are no less stringent than the 2-49 standards of the American College of Radiology. 2-50 (d) The board shall make available to the public copies of 2-51 the criteria of the American College of Radiology mammography 2-52 accreditation program or the modified criteria adopted by board 2-53 rule. 2-54 (e) Notwithstanding any other provision of this chapter, the 2-55 standards imposed for certification under this chapter may not be 2-56 less stringent than the standards imposed on a facility under the 2-57 Mammography Quality Standards Act of 1992 (42 U.S.C. Section 354). 2-58 Sec. 401.425. ALTERNATIVE CERTIFICATION; EXEMPTIONS. 2-59 (a) The department shall issue a certification under this 2-60 subchapter for a mammography system for which the department is 2-61 provided proof of accreditation by the American College of 2-62 Radiology or another recognized organization that has standards no 2-63 less stringent than the standards of the American College of 2-64 Radiology. 2-65 (b) A mammography system issued a certification under this 2-66 section is exempt from the certification standards established by 2-67 or under Section 401.424 and the inspection requirements 2-68 established by or under Section 401.430. 2-69 (c) If the board finds that application of this section 2-70 would make the requirements of this chapter less stringent than the 3-1 standards applicable under the Mammography Quality Standards Act of 3-2 1992 (42 U.S.C. Section 354), the board may not issue a 3-3 certification under this section. 3-4 Sec. 401.426. APPLICATION FOR CERTIFICATION. (a) A person 3-5 who owns, leases, or uses or the agent of a person who owns, 3-6 leases, or uses a mammography system must file a written 3-7 application for certification under Section 401.424 or Section 3-8 401.425 on a form prescribed by the board. 3-9 (b) The department may require, at any time after an 3-10 application is filed, further information from the applicant and 3-11 conduct inspections necessary to determine whether the application 3-12 for certification should be granted or denied. 3-13 Sec. 401.427. CERTIFICATION RENEWAL. (a) A certification 3-14 is valid for one year and may be renewed annually on payment of the 3-15 required renewal fee. 3-16 (b) The board by rule may adopt a system under which 3-17 certifications under this subchapter expire on various dates during 3-18 the year. 3-19 (c) If a certification holder fails to renew the 3-20 certification by the required date, the certification holder may 3-21 renew the certification on payment of the renewal fee and a late 3-22 fee set by the board. If the certification is not renewed before 3-23 the 181st day after the date on which the certification expired, 3-24 the certification holder must apply for an original certification 3-25 under this subchapter. 3-26 (d) A mammography system may not be used after the 3-27 expiration date of the certification unless the holder of the 3-28 expired certification has made a timely and sufficient application 3-29 for renewal of the certification as provided under Section 18, 3-30 Administrative Procedure and Texas Register Act (Article 6252-13a, 3-31 Vernon's Texas Civil Statutes), and a final determination of the 3-32 application by the board has not been made. 3-33 Sec. 401.428. DENIAL, SUSPENSION, REVOCATION, OR 3-34 REINSTATEMENT OF CERTIFICATION. (a) The department may deny, 3-35 suspend, revoke, or reinstate a certification. 3-36 (b) The board shall adopt rules establishing the grounds for 3-37 denial, suspension, revocation, or reinstatement of a certification 3-38 and establishing procedures for disciplinary actions. 3-39 (c) Proceedings relating to the suspension or revocation of 3-40 a certification issued under this subchapter are subject to the 3-41 Administrative Procedure and Texas Register Act (Article 6252-13a, 3-42 Vernon's Texas Civil Statutes). 3-43 (d) A person whose certification has been revoked may apply 3-44 for a new certification on the expiration of one year after the 3-45 date the certification was revoked. 3-46 Sec. 401.429. CERTIFICATION FOR MULTIPLE MAMMOGRAPHY 3-47 SYSTEMS. (a) An applicant for certification under Section 401.426 3-48 must obtain a separate certification for each mammography system 3-49 that is owned, leased, or used by the applicant. 3-50 (b) Certification of multiple mammography systems by a 3-51 single applicant may be recorded on a single certification 3-52 document. If multiple mammography systems are recorded on a single 3-53 certification document, each specific machine certified, if any, 3-54 must be identified on the certification document by referring to 3-55 the machine's manufacturer, model number, and serial number. 3-56 Sec. 401.430. INSPECTIONS. (a) The department shall 3-57 inspect each mammography system that receives a certification under 3-58 this subchapter not later than the 60th day after the date the 3-59 certification is issued. 3-60 (b) The department shall inspect, at least once annually, 3-61 each mammography system that receives a certification. 3-62 (c) To protect the public health, the department may conduct 3-63 more frequent inspections than required under this section. 3-64 (d) The department shall make reasonable attempts to 3-65 coordinate inspections under this section with other inspections 3-66 required under this chapter for the facility where the mammography 3-67 system is used. 3-68 (e) After each satisfactory inspection, the department shall 3-69 issue a certificate of inspection for each mammography system 3-70 inspected. The certificate of inspection must be posted at a 4-1 conspicuous place on or near the place where the mammography system 4-2 is used. The certificate of inspection shall: 4-3 (1) specifically identify the mammography system 4-4 inspected; 4-5 (2) state the name and address of the facility where 4-6 the mammography system was used at the time of the inspection; and 4-7 (3) state the date of the inspection. 4-8 (f) A notice of a mammography system's failure to satisfy 4-9 department standards shall be posted: 4-10 (1) on the mammography system at a conspicuous place 4-11 if the system is a machine; or 4-12 (2) near the place where the mammography system 4-13 practices if the system is an individual. 4-14 (g) To protect the public health, the board may adopt rules 4-15 concerning the grounds for posting a failure notice and the 4-16 placement and size of the failure notice. 4-17 Sec. 401.431. TRANSITION. (a) A mammography system is not 4-18 required to have a certification under this subchapter until 4-19 July 1, 1994. 4-20 (b) Section 401.422 takes effect July 1, 1994. 4-21 (c) The board shall adopt rules under this subchapter not 4-22 later than January 1, 1994. 4-23 (d) This section expires January 1, 1996. 4-24 SECTION 2. The importance of this legislation and the 4-25 crowded condition of the calendars in both houses create an 4-26 emergency and an imperative public necessity that the 4-27 constitutional rule requiring bills to be read on three several 4-28 days in each house be suspended, and this rule is hereby suspended, 4-29 and that this Act take effect and be in force from and after its 4-30 passage, and it is so enacted. 4-31 * * * * * 4-32 Austin, 4-33 Texas 4-34 April 14, 1993 4-35 Hon. Bob Bullock 4-36 President of the Senate 4-37 Sir: 4-38 We, your Committee on Health and Human Services to which was 4-39 referred H.B. No. 63, have had the same under consideration, and I 4-40 am instructed to report it back to the Senate with the 4-41 recommendation that it do not pass, but that the Committee 4-42 Substitute adopted in lieu thereof do pass and be printed. 4-43 Zaffirini, 4-44 Chair 4-45 * * * * * 4-46 WITNESSES 4-47 FOR AGAINST ON 4-48 ___________________________________________________________________ 4-49 Name: Jim Zukowski x 4-50 Representing: Tx Dept. of Health 4-51 City: Austin 4-52 ------------------------------------------------------------------- 4-53 Name: Linda Farrow x 4-54 Representing: Tx Dept. of Health 4-55 City: Austin 4-56 ------------------------------------------------------------------- 4-57 Name: Emily Untermeyer x 4-58 Representing: Tx Cancer Council 4-59 City: Austin 4-60 ------------------------------------------------------------------- 4-61 Name: Sara Rusk McGonagle x x 4-62 Representing: Tx Nurses Assn. 4-63 City: Austin 4-64 ------------------------------------------------------------------- 4-65 Name: Janie McMahan x x 4-66 Representing: Tx Hospital Assn. 4-67 City: Austin 4-68 ------------------------------------------------------------------- 4-69 FOR AGAINST ON 4-70 ___________________________________________________________________ 5-1 Name: Cindy Antolik x x 5-2 Representing: American Cancer Society 5-3 City: Austin 5-4 ------------------------------------------------------------------- 5-5 Name: Lisa McGiffert x x 5-6 Representing: Consumers Union 5-7 City: Austin 5-8 ------------------------------------------------------------------- 5-9 Name: Gerald D. Dodd, M.D. x 5-10 Representing: Tx Radiological Society 5-11 City: Houston 5-12 ------------------------------------------------------------------- 5-13 Name: Joseph Nanus x 5-14 Representing: Tx Dept. of Health 5-15 City: Austin 5-16 ------------------------------------------------------------------- 5-17 Name: Janet A. Hale, M.D. x 5-18 Representing: Tx Medical Assn. 5-19 City: Dallas 5-20 ------------------------------------------------------------------- 5-21 Name: David Smith, M.D. x 5-22 Representing: Tx Dept. of Health 5-23 City: Austin 5-24 ------------------------------------------------------------------- 5-25 Name: Anne Crews x 5-26 Representing: Susan Komen Foundation 5-27 City: Dallas 5-28 ------------------------------------------------------------------- 5-29 Name: Lucretia Biscomb x x 5-30 Representing: Self 5-31 City: Round Rock 5-32 -------------------------------------------------------------------